Emelita Gan v. Republic | GR No.
207147 | September 14, 2016 | Topic: Petition
for Change of Name
FACTS:
Petitioner Emelita Basilio Gan
was born out of wedlock to father Pia Gan, a Chinese national, and mother
Consolacion Basilio, a Filipina. Her birth certificate indicates that her full
name is Emelita Basilio.
Petitioner filed a Petition for
correction of name with the Regional Trial Court of Camarines Sur, seeking to
change the full name indicated in her birth certificate from “Emelita Basilio”
to “Emelita Basilio Gan.” She claimed that she had been using the name “Emelita
Basilio Gan” in her school records from elementary until college, employment records,
marriage contract, and other government records.
The RTC issued an order which
noted that the petition sought not only a correction of entry in the birth
certificate, but a change of name. RTC ordered petitioner to make the necessary
amendment to her petition. Petitioner obliged, and after due proceedings, the
RTC issued an order granting the change of petitioner’s name.
Respondent Republic sought a
reconsideration of the RTC order, alleging that the petitioner, an illegitimate
child, failed to adduce evidence that she was duly recognized by her father,
which would allow her to use the surname of her father. RTC denied the
respondents motion for reconsideration.
On appeal, the CA reversed and
set aside the RTC orders. CA opined that pursuant to Article 176 of the Family
Code, as amended by Republic Act No. 9225, the petitioner may only use the
surname of her mother as she is an illegitimate child. Moreover, she may only
use her father’s surname if their filiation has been expressly recognized by her
father.
Petitioner maintains that the
RTC correctly granted her petition since she only sought to have her name
indicated in her birth certificate changed to avoid confusion as regards to her
personal records. She insists that her failure to present evidence that her
father recognized her as his illegitimate child is immaterial; a change of name
is reasonable and warranted, if it is necessary to avoid said confusion.
ISSUE: Whether petitioner’s change of
name should be granted.
RULING:
A change of name is a privilege
and not a matter of right; a proper and reasonable cause must exist before a
person may be authorized to change his name. "In granting or denying
petitions for change of name, the question of proper and reasonable cause is
left to the sound discretion of the court. What is involved is not a mere
matter of allowance or disallowance of the request, but a judicious evaluation
of the sufficiency and propriety of the justifications advanced in support
thereof, mindful of the consequent results in the event of its grant and with
the sole prerogative for making such determination being lodged in the
courts."
SC agrees with the CA that the
reason cited by the petitioner in support of her petition for change of name,
i.e. that she has been using the name "Emelita Basilio Gan" in all of
her records, is not a sufficient or proper justification to allow her petition.
When the petitioner was born in 1956, prior to the enactment and effectivity of
the Family Code, the pertinent provisions of the Civil Code then regarding the
petitioner's use of surname:
- Article 366. A natural child
acknowledged by both parents shall principally use the surname of the father.
If recognized by only one of the parents, a natural child shall employ the
surname of the recognizing parent.
- Article 368. Illegitimate
children referred to in Article 287 shall bear the surname of the mother.
In her amended petition for
change of name, the petitioner merely stated that she was born out of wedlock;
she did not state whether her parents, at the time of her birth, were not
disqualified by any impediment to marry each other, which would make her a
natural child pursuant to Article 269 of the Civil Code. If, at the time of the
petitioner's birth, either of her parents had an impediment to marry the other,
she may only bear the surname of her mother pursuant to Article 368 of the
Civil Code.
However, the petitioner failed
to adduce any evidence that would show that she indeed was duly acknowledged by
his father. The petitioner's evidence consisted only of her birth certificate
signed by her mother, school records, employment records, marriage contract,
certificate of baptism, and other government records. Thus, assuming that she
is a natural child pursuant to Article 269 of the Civil Code, she could still
not insist on using her father's surname. It was, thus, a blatant error on the
part of the RTC to have allowed the petitioner to change her name from
"Emelita Basilio" to "Emelita Basilio Gan."
DISPOSITION: Petition DENIED.
Comments
Post a Comment